FCC Chair Wants to Vet Tennis Channel Order

5/07/2012 12:01 AM Eastern

By: By John Eggerton

Washington — Federal CommunicationsCommission chairman Julius Genachowski isproposing that the agency stay enforcement ofthe Tennis Channel program-carriage complaintagainst Comcast so that the commissionerscan put some fresh eyes on i,t giventhat it was the first such finding, according toan agency source who has seen the proposal.

Genachowski has issues with the decision,and his proposed order says the stay will allowa re-examination of the record while“avoiding potential disruption to consumersand third-party programmers in the eventthat the commission subsequently reversesor modifies the [administratve law judge’s]remedy.”

The commission last Wednesday issued atemporary stay of the administrative law judgedecision in December 2011 in favor of TennisChannel. That is socommissioners canconsider the chairman’sproposed orderthat the decisionbe stayed to “preservethe status quowhile the commissionhas adequateopportunity to reexaminethe recordin the ALJ’s dispositionof each issue closely.”

Given that the decision was the first tomandate program carriage, according tothe chairman’s proposal, “it presents importantissues that are likely to occur in futureprogram carriage adjudications.”

Among the issues the chairman raised isthat the ALJ decision “imposes a tier-placementremedy without providing guidanceon compensation and imposes a channelplacementremedy that is not defined.”

Comcast had sought a stay, but this oneis on the commission’s own motion, the ordersaid, which moots Comcast’s request.

The order said the FCC expects the stayto be relatively brief. Under a revampedprogram-carriage complaint process theFCC adopted in August 2011, the commissionmust adopt an order on review of theinitial decision within five months of thedate of the last pleading was filed, though itcan also issue an order stating that it needsmore time.